손해배상(기)
Of the judgment of the first instance, KRW 117,677,703 against the Plaintiff and its related amount are from May 24, 2018 to August 18, 2020.
1. Facts of recognition;
A. On August 29, 2016, the Plaintiff entered into a motor vehicle lease agreement with E Co., Ltd. and FF, which constitutes KRW 68,50,000, the lease amount of KRW 73,003,820 (including acquisition tax, public bond discount expenses, and other incidental expenses), the contract term of 48 months, the remainder (deposit) 26,720,000, and the monthly lease amount of KRW 1,465,520.
B. On September 5, 2016, the Plaintiff entered into a car lease agreement with G Co., Ltd. and H vehicles with an acquisition cost of KRW 69,392,720 (including registration tax, acquisition tax, registration incidental expenses), estimated residual value of KRW 24,738,00, monthly rent of KRW 1,402,90.
C. On January 12, 2018, the Plaintiff terminated the automobile lease agreement with E Co., Ltd., and as a result, a total of KRW 66,137,928 (i.e., the termination fee of KRW 58,879,309, the purchase price of KRW 58,793,09, the outstanding amount of KRW 1,465,520) accrued.
At the time, the F vehicle was considerably damaged due to an accident. On January 24, 2018, the Plaintiff directly acquired the damaged vehicle after the termination of the vehicle lease contract with E Co., Ltd., and disposed of the said vehicle in L Co., Ltd. (i.e., vehicle value of KRW 1,200,000 - Vehicle value of KRW 42,640).
On January 8, 2018, the Plaintiff terminated the automobile lease agreement with G Co., Ltd., and as a result, there was a total of KRW 32,726,50 (i.e., refund fees of KRW 29,949,020) (i.e., refund fees of KRW 140,300, and damages for delay of KRW 84,180, and damages for delay of KRW 2,553,00).
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 4, 12, 23 through 26, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The summary of the Plaintiff’s assertion was that the Defendant, around August 2016, leased D vehicles under the Plaintiff’s name to the Plaintiff and paid rent for the lease to the Plaintiff, and that the Plaintiff would pay KRW 500,000 per vehicle for management expenses. However, the Defendant did not perform the said agreement.